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KINYUA NG'ANG'A, PETER MBURU NG'ANG'A & RACHAEL WANJIRU NGARIHU V. NAHASHON NJENGA NG'ANG'A, AGNES GATUYA & JOHNANA KIMANI

(2012) JELR 99802 (CA)

Court of Appeal  •  Civil Application 31 of 2008  •  2 Mar 2012  •  Kenya

Coram
Hannah Magondi Okwengu

Judgement

RULING

1. By a notice of motion dated 6th April 2011, the applicants are seeking to have time extended for them to file and serve the record of appeal. The applicants were the respondents in the superior court. Judgment was delivered against them on 5th December 2007. They filed a notice of appeal on 11th December 2007, and applied for copies of proceedings and judgment on the 7th January 2008. The notice of appeal was however misplaced in the court registry as a result of which the applicants applied for leave to appeal out of time. On the 25th May 2010, the applicants were granted leave (Tunoi, JA) to file the notice of appeal within 7 days from that date and the record of appeal within 30 days from the date of the notice.

2. The applicants filed a notice of appeal on 2nd June, 2010. However, they did not lodge the record of appeal within the prescribed time. They have now moved the court under Rule 4 of the Court of Appeal Rules for time to be extended to enable them file and serve …

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